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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Warning and Advice please-solicitor-e-bay


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Firstly, can you say that these products have actually been sold? And are they counterfeit? I would expect such a complaint like that to come from Trading Standards, FACT, IPO or other such organisations relating to intellectual property, especially when they are asking for the supplier details (as this indicates to me some kind of enforcement action being taken). Given that a criminal offence seems to be involved, I would seek professional legal advice.

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There are a couple of legitimate solicitors using that name, so it could be genuine.

 

You say your daughter was told that these items were legit. Can you (or your daughter) be sure of that? You can get anything counterfeited now (I kid you not, but even counterfeit greetings cards are being found now. If they can make money from it, they'll flog it). I know of an operation where cheap electrical products were bought, stripped of labels and packaging and replaced with branded stuff. Looking at them, you couldn't tell the difference.

 

Where did they come from? Are there receipts? Can the supplier be trusted?

 

If this is a genuine claim, then I would suggest you get proper legal advice. And there are a couple of courses of action I would recommend. If this has been done innocently, then I would suggest contacting Trading Standards in the first instance and tell them everything - where they came from etc. They will be more interested in getting to the source than they will in going for the little fish, as it were. Co-operating may also assist your daughter. Or you can go on the defence which will require legal assistance anyway.

 

If this is some kind of [problem], then Trading Standards will want to know about this as well. Again, they may be interested in your daughter and the allegation.

 

Either way, you really do need to get some clarification without putting your daughter at risk of action - legal or otherwise.

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Also, this link here is to a forum with people who look like tey are in the same boat. That may be worth a look at (Interlectual Property Rights) Solicitors Letter - Trademark - Ebay - TheLaw.com - Free legal advice from lawyers since 1995

 

Looks like people have been buying goods wholesale and flogging them on ebay fo a small profit. Unware, however, that they have been buying dodgy gear.

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